Introduction
The expected regulation on the remote working model brought by the amendment to the Labor Law No. 4721 ("Law") with Article 2 of Law No. 6715 on 06.05.2016 was published by the Ministry of Labor and Social Security ("Ministry") in the Official Gazette dated 10.03.2021. Accordingly, employers who will work with the remote working model will be obliged to conclude remote working contracts or to regulate their current contracts and working procedures according to these principles by complying with the above provisions.
I. The Purpose of the Remote Work Regulation
For remote workers and their employers specified in the Regulation and Article 14 of the Law; It is aimed to implement the rules regarding the jobs that cannot be worked remotely, the protection and sharing of data, and to determine the procedures and principles of working remotely on the basis of the Law.
A work relationship established by a written agreement on the principle of fulfilling the acts of work remotely is called remote working relationship; who performs all or part of the act of working remotely, at home or outside the workplace with technological communication tools is called remote worker. In accordance with the Regulation and the 14th article of the Law, the principles for the application of remote work have been determined by the Ministry.
II. Elements of the Remote Work Contract
Main element of contracts about remote working relationships is establishing it with a written agreement. In accordance with this matter all remote work contracts must be established with a written contract. The contract should contain provisions regarding the description of the work, the way it is performed, the duration and place of the work, the matters regarding the payment and wages, the work tools provided by the employer, the equipment and the obligations regarding their protection, and finally, the employer's communication with the employee and the general and special working conditions.
III. Employer's Obligations
With the regulations regulating the remote work contract these are obligations that the employer must comply with are stated as follows:
-The necessary arrangements and costs related to the working place are determined and finalized by both the employer and employee before starting work.
-The necessary material and work tools for the production of goods and services are provided by the employer if not agreed otherwise. Conditions of use, maintenance and repair are must be clearly notified to the employee. One of two copy for the market value list must be given to the employee and the other copy must be kept in the personal file after it is signed by the employee.
-Expenses occured directly from production of goods and services while fulfilling the work, get determinated and the covering method for those are specified in the work contract.
-The time span and duration for remote working are specified in employment contract. Parties can change the hours, provided to the limitations of the legislation. Overwork is made in accordance with the legislation with the acceptance on the written request of the employee.
-Communication method and time span while working remotely are determined by both the employer and employee together.
-The employer informs the employee and takes necessary actions about protection and sharing of data related to work; definitions and scope regarding these matters are determined in the contract. Employee must comply with the business rules determined by the employer.
-The employer is obliged to; inform the employee regarding the work health and safety, give the employee necessary training, watch their health and work safety measures for tools provided by employer considering the nature of the job.
-Jobs working with dangerous chemicals and radioactive substances, processing of these substances or works with waste of said substances with work operations carrying risk of exposure to biological factors. cannot be operated remotely.
IV. The Status of Continuing Employment Contracts
Business relationship can be established directly with a remote work contract or the employee’s contract who currently working in the workplace may be transformed into a remote work contract in the event of the employer and the employee's mutual agreement. This request by the employee;
-Must be in written form.
-Gets determined by the employer in line with the workplace method.
-Due to the nature of the job and the worker, the eligibility to working remotely is evaluated over the criteria to be determined by the employer.
-The employee must be answered in 30 days with the same method they used for submitting the request.
-If the employee demands to work at the workplace instead of working remotely, this matter must be considered primarily by the employer.
-The request or approval for working remotely by the employee is not needed when it is the legislative limitations that caused the work to be done remotely.
Conclusion
The principles to be applied to the remote work model with changes made in 2016 were embodied with the regulation. Majority of employers switched their operations to remote work model due to effects of Covid-19, it is important to both adapt the contracts to their new status and fulfilling the obligations regarding this regulation.
Yazar : Att. Yusuf Eren Yildiz - Legal Intern Furkan Gulel